Brown

MEMORANDUM OF DECISION

In this action, the plaintiffs challenge the validity of a regulation promulgated by the Department of Housing and Urban Development (“HUD”).

Plaintiffs seek an order enjoining the implementation of the HUD regulation found at 24 C.F.R. § 882.215 on the ground that it conflicts with the statute under which it was promulgated.

Defendant HUD has moved for summary judgment. Plaintiff has moved for partial summary judgment regarding the validity of the regulation. For the reasons discussed herein, the Court concludes that the plaintiffs’ motion for partial summary judgment must be granted, and that the federal defendant must be enjoined from the further enforcement and dissemination of regulation 24 C.F.R. § 882.215 .

The regulation concerns the “Section 8” “existing housing” program, 42 U.S.C. § 1437f. Under this statute, the defendant Secretary of HUD is authorized to contract with public housing authorities which, in turn, contract with owners of existing housing units. The statutory provision under consideration here is 42 U.S.C. § 1437f(d)(l)(B), which provides,

The regulation implementing this provision provides:

24 C.F.R. § 882.215 .

The conflict…